Lexington Brain Injury Lawyer

Have you suffered a brain injury in Lexington, KY? If someone else’s negligence or intentional behavior caused your injury, you may be entitled to compensation. The effects of a brain injury can be devastating and lasting, and the money you recover can ensure you get the care you need. 

Ross Mann Personal Injury Lawyers has decades of combined experience representing injury victims and their families. We are here to help you hold the at-fault parties responsible and pursue compensation for all the losses you have suffered. 

Contact our law office in Lexington, Kentucky, at (859) 413-3900 to schedule a free, no-obligation case evaluation with a Lexington brain injury lawyer. Our Lexington brain injury attorneys are committed to helping you maximize your compensation to preserve your quality of life. 

How Ross Mann Personal Injury Lawyers Can Help You After A Brain Injury In Lexington, KY

How Ross Mann Personal Injury Lawyers Can Help You After A Brain Injury In Lexington, KY

A brain injury often means a long, challenging recovery process. Your injury can have a significant impact on your life and ability to support yourself. It may affect you for the rest of your life in ways that are impossible to anticipate. 

At Ross Mann Personal Injury Lawyers, we have decades of combined experience handling all types of personal injury cases involving traumatic brain injuries. Our Lexington brain injury lawyers have recovered $150+ million for our clients. We are prepared to give you the same zealous representation. 

Here is how a Lexington personal injury lawyer can help you after your accident in Lexington, Kentucky: 

  • Carefully investigate the circumstances of your accident
  • Gather and assess evidence that supports your claim 
  • Work with experts to assess your future damages and testify about your injury and how it happened
  • Handle communications and monitor deadlines in your case
  • Negotiate with the insurance company to reach a fair settlement agreement
  • File a lawsuit if necessary to present your case to a jury
  • Provide compassionate legal guidance and support

After a life-changing accident, our personal injury attorneys are here to help you move forward. Whether you were injured in a car accident or another type of incident, our Lexington car accident attorneys are here to help you move forward. Reach out today for a free consultation.

Traumatic Brain Injury (TBI) Overview

A traumatic brain injury (TBI) is trauma or damage to the brain caused by a sudden jolt, blow, or other external force. This differs from acquired brain injuries (ABI), which are caused by disease, infection, and other internal factors. 

A TBI disrupts normal brain function. This type of injury can potentially cause long-term or permanent emotional and behavioral issues and impair cognitive, executive, and motor function. 

Every year, nearly 2.5 million Americans suffer a traumatic brain injury, according to the CDC. About 85,000 leave victims disabled, and 50,000 are fatal. 

What Are Common Types of Traumatic Brain Injuries?

Traumatic brain injuries vary widely in terms of mechanism, severity, and effect. 

Common types of TBIs include: 

  • Concussion 
  • Contusion or bruise, usually due to a direct blow to the head
  • Hematoma, or a collection of blood within the skull
  • Coup injury, a lesion below the site of an impact to the skull
  • Contrecoup injury, a lesion opposite the site of an impact
  • Coup-contrecoup injury, an injury pattern with both coup and contrecoup lesions
  • Penetrating brain injury which involves a foreign object like a bullet penetrating the skull
  • Diffuse axonal injury (DAI)
  • Hypoxic and anoxic injuries 

Traumatic brain injuries are classified as mild, moderate, or severe. The Glasgow Coma Scale is the most common diagnostic tool to evaluate the severity of TBIs. This tool uses a 15-point scale to classify a brain injury. 

What Are the Most Common Signs and Symptoms of a Brain Injury?

Brain injuries can cause a wide range of symptoms and signs depending on the individual, severity, affected brain region, and type of injury. 

Typical symptoms include: 

  • Loss of consciousness, which may be very brief
  • Confusion or brain fog
  • Memory loss, especially short-term memory issues
  • Difficulty concentrating
  • Dizziness or poor balance
  • Headaches that may worsen over time
  • Fatigue
  • Vision changes such as double or blurry vision
  • Sensitivity to light and/or sound
  • Nausea or vomiting
  • Mood or behavioral changes such as anger or poor impulse control

Moderate to severe brain injuries may cause more serious and noticeable symptoms such as: 

  • Difficulty speaking
  • Seizure
  • Unequal pupils
  • Loss of consciousness lasting more than a few seconds
  • Coma

It’s very common for symptoms of a brain injury to be delayed, particularly with mild TBIs. Because a brain injury alters perception, memory, and cognitive function, sometimes someone with a brain injury cannot recognize symptoms in themselves. 

What Are Potential Long-Term Consequences of a Brain Injury?

A traumatic brain injury can cause a range of long-term consequences. There is no way to predict who will recover or the long-term effects a TBI survivor will experience. Potential long-term or permanent effects of a TBI may include: 

  • Cognitive problems. 
  • Impaired motor function 
  • Changes in behavior, personality, and emotional regulation
  • Difficulty maintaining relationships
  • Challenges with performing tasks of daily living and maintaining independence 
  • Increased risk of neurodegenerative disorders 

All brain injuries are serious with potentially lasting consequences, even “mild” brain injuries. While concussions resolve within weeks to a few months for most people, some experience symptoms for a year or longer. This is known as post-concussion syndrome

Traumatic brain injuries are often catastrophic or fatal. Every year, 85,000 people are left disabled by a TBI. It’s estimated that up to 60% of survivors struggle with chronic pain, even decades later. 

What Causes Traumatic Brain Injuries In Lexington, Kentucky?

Brain injuries are incredibly common. A growing body of research shows the minimum force needed to cause a mild TBI is lower than doctors believed for decades. People who are most susceptible to a TBI, such as older adults, can suffer an injury with even a low-impact blow to the head. 

We don’t know how prevalent “sub-concussive” brain injuries are because they do not have clinical signs. 

However, most brain injuries in Kentucky are sustained in the following incidents: 

  • Motor vehicle collisions 
  • Falls. Slip and fall accidents
  • Violence
  • Sports and recreation

Workplace accidents account for about 25% of all mild brain injuries. Falls are a leading cause of work-related TBI, but heavy machinery, traffic accidents, and falling objects are also major causes. 

What Is My Lexington Brain Injury Case Worth?

There is no way to estimate the value of a brain injury case without a careful assessment of the unique facets of your case. 

Many factors may influence what your case is worth, including: 

  • Injury severity
  • Effect on your daily life
  • Whether you can return to work
  • Circumstances of the accident
  • Defendant’s behavior
  • Shared fault
  • Insurance policy limits

You are entitled to future damages related to your accident, such as long-term medical needs. Calculating these damages may require collaboration with financial and medical experts. Compensation for non-financial losses is particularly challenging to estimate and is heavily influenced by the severity of your brain injury and its effects on your life. 

What Compensation Is Available To Brain Injury Victims In Lexington?

If your case is successful, you can recover compensatory damages from the at-fault party. These damages compensate you for your losses and come in two forms. 

Economic damages are losses with a financial or monetary value. Non-economic damages have no monetary value. These damages compensate you for the physical, emotional, and psychological harm you have suffered. 

The most common types of damages you may recover in a Lexington brain injury case include: 

  • Medical bills
  • Lost wages
  • Diminished earning capacity
  • Out-of-pocket expenses 
  • Property damage
  • Physical pain, suffering, emotional distress, and mental anguish
  • Loss of quality of life
  • Scarring

If your case goes before a jury, punitive damages may be available. These damages do not compensate you for any loss; instead, they are meant to punish a defendant for egregious behavior. Punitive damages are rarely awarded because there is a higher burden of proof. They are only awarded with evidence of fraud, malice, or oppression. 

Am I Still Entitled To Damages If I’m Partially At Fault For My Accident In Kentucky?

Kentucky uses a legal concept called pure comparative negligence to assign fault and liability in personal injury cases in which more than one person is at fault. A jury will consider the evidence and the actions of all parties to assign a percentage of fault to each party. The parties are then liable for a proportional share of the damages. Under the pure comparative negligence system, you can recover compensation even if you are up to 99% at fault for the accident. 

Every share of fault that is assigned to you directly reduces the compensation you can recover. For example, if you are assigned 30% fault for your accident, you can recover 70% of your damages. 

How Long Do I Have To File A Brain Injury Lawsuit In Kentucky?

In most cases, you have just one year from the date of your injury to file a personal injury lawsuit in Kentucky. The statute of limitations is two years for brain injuries caused by motor vehicle accidents. For cases involving medical malpractice, you have up to one year from the date you discover or should have discovered the injury but no more than five years from the date of the malpractice.

There are some exceptions to these deadlines, but it’s important to take action quickly. If the statute of limitations expires, your case will be dismissed in court, and you will be barred from recovering any compensation. 

Schedule a Free Consultation With Our Lexington Brain Injury Lawyers

If you have sustained a serious brain injury in Lexington, KY, you may be entitled to compensation. Ross Mann Personal Injury Lawyers is here to help you preserve your quality of life and hold the at-fault party accountable. 

Contact our law office today to schedule a free consultation with a Lexington brain injury lawyer.